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Law Exam - 60 PERCENT > Law Reform- Alcohol > Flashcards

Law Reform- Alcohol Flashcards

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1
Q

Sale of Liquor Amendment Act

A

1999; Parliament lowers the drinking age from 20 to 18

Amendment to original sale of liquor act 1989

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2
Q

Parliament votes on the issue of drinking age again

A

2005; Voted to send a bill to the select committee
which was designed to turn the clock back on the 1999 amendment

It was voted down at the second reading, post debate

The bill made it to the select committee

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3
Q

Alcohol Reform Bill (Not 1999)

A

2010; Parliament votes on the drinking age again, once again unsuccessful.

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4
Q

Persons under 18 can…

A

Drink in licensed areas with parental guidance

Also at private gatherings with parental permission

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5
Q

What was the 2010 Alcohol Reform Bill a direct response to?

A

A direct response to the 2010 law commission report

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6
Q

Where did pressure for alcohol reform come from?

A 
ALAC
Media
Police and Health 
Professionals
Media 
Wider Public
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7
Q

Section 7 Report on 2010 Alcohol Reform Bill

A

GA said the bill was consistent with the bill of rights; however the matter was not clear cut

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8
Q

Why did people think that the 2010 bill breached the BOR?

A

Section 19: The right to be free from discrimination ( in this case based on age )

However since legislation aimed to solve complex social problems, there was significant latitude in policy changes.

Changes were justified under section 5 of the Bill of Rights.

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9
Q

BOR Section 5

A

Rights and freedoms contained… reasonable limits… can be demonstrably justified in a democratic society.

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10
Q

2010 Bill- First Reading

A

117 Ayes, and 3 Noes (ACT)

Many MP’s wanted the bill to go to select committee for more information

After the first reading, the bill was referred to the Justice and Electoral select committee.

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11
Q

What was targeted in the first reading of the 2010 alcohol bill?

A

The issue of age was targeted, despite being one of many revisions.

The split age was widely considered confusing.

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12
Q

2010 Bill: Select Committee. How many months before a recommendation to the House.

A

Justice and electoral committee reviewed thousands of submissions

After 6 months the SC recommends the bill to the house.

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13
Q

Submission Study: The Alcohol Advisory Committee of NZ

A
  • Always opposed lowering the drinking age
  • 2011; Dismissed the split age approach, opting straight for twenty
  • Did not support the “sensible graduated approach”
  • There should be an impact on alcohol supply to even younger drinkers.
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14
Q

Submission Study: The Alcohol Advisory Committee of NZ

A
  • Always opposed lowering the drinking age
  • 2011; Dismissed the split age approach, opting straight for twenty
  • Did not support the “sensible graduated approach”
  • There should be an impact on alcohol supply to even younger drinkers.
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15
Q

Who championed lowering the drinking age in 1999?

A

Jenny Shipley

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16
Q

What was only a small part of the 2010 Alcohol Reform Bill?

A

The drinking age was only a small part of the bill

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17
Q

What other things did the 2010 bill include?

A

Community alcohol policy
Trading Hours
etc.

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18
Q

The 2010 Bill and the BORA

A

The bill does not mention the BORA and the restriction of liberties; instead focusing on the harms of the status quo.

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19
Q

Who supported the 2010 Alcohol Reform Bill?

A

Alcohol and liquor advisory council (ALAC)

  • The police
  • Health Professionals (Doctors and ER)
  • Majority of the wider public according to polls
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20
Q

What was initial proposal age from the Law Commission?

What happened eventually?

A

20 years old

Eventually the bill supported the split age; but this proved to have no effect and no reason behind this.

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21
Q

A lot of policy changes around…

A

Price, advertising, targeting particular products

22
Q

Who opposed the 2010 Alcohol Reform Bill?

A

Youth organisations: Keep it 18 Campaign

The liquor industry (and the wider hospitality industry)

Youth workers in hospitality settings would no longer be viable options

A minority of the wider public over 20

23
Q

Split- Age purchase

A

On license: 18

Off license: 20

There worries as to how the split age would be prescribed.

24
Q

Select Committee Advice on the 2010 Bill

A

Justice and Electoral Committee:

The select committee gave no advice on the drinking age, and recommended it be a conscience vote

Basically that they should decide for themselves.

25
Q

Keep it 18 Submission to SC

A

Approached the issue from a rights perspective with particular emphasis on the arbitrary age of 20

Demonstrated impressive bipartisanship

Brief, compared to ALAC report

Relied on strongly worded statements rather than referenced arguments

26
Q

Grant Morris Submission to SC

A

Focused on providing the committee with practical legal advice

Argued that the split age could be enforced successfully

27
Q

The SC process is an opportunity for…

A

Changes to a proposed bill to be recommended

No recommendation was made to alter the bill’s split age.

28
Q

August 2011

A

Alcohol reform bill SC report is released; conscience vote postponed to committee of the whole house

29
Q

Advantages of the Select Committee process?

A 
Often bipartisan
Public input 
Expert input 
Can improve bills 
limited cabinet influence 
Allows specialisation
30
Q

Disadvantages of the Select Committee Process

A 
Can be skipped (under urgency) 
Poorly resourced
time constraints 
can ignore public and expert input 
Usually only meet in Wellington (makes it hard for people to submit things) 
Can only make recommendations (non-binding)
Ultimately political 
Occasional splits 
Low status work
31
Q

Why did the National Government not want to pass the bill in 2011?

A

National did not want to pass a controversial bill prior to the 2011 election.

This demonstrates that politics has a sway in the legislative agenda.

32
Q

What does the conscience vote show?

A

It shows how strong the party whip system is when compared to party votes.

33
Q

Socially Liberal Parties

A

Greens & Labour

Wanted generally to keep the age at 18.

34
Q

Socially Conservative Parties

A

NZ First

Were for raising the age to 20

35
Q

Interesting Question

A

Should MP’s vote on their own conscience or the conscience of their constituents.

36
Q

Why was National party an anomaly?

A

Because the conservative party largely voted to keep the age at 18

The answer to this is that conscience vote works?

37
Q

Debate argument of NZ First

A

Raising the age to 20 was in the best interest of young people.

A paternalistic approach

Said that the split age was a cop out/unhelpful compromise.

38
Q

Debate argument of National

A

Nikki Kaye: Supported the age of 18

Argued that the basis of rights
Dismissed the split age as confusing
Same comparison to same-sex passing; empowering vs. limiting rights

39
Q

Debate argument of Labour

A

Ian Lees- Galloway: Supported the split age

Supported the split age
Prevent supply to under 18 year olds
Not convince that age was the key issue of alcohol abuse.

40
Q

How was the age voted on in the end?

A

All three versions were voted on at once:

First vote: Split age is eliminated
Second vote: 18 won

41
Q

What can be gained from this law reform example?

A

Legislation is difficult to reform i.e. turning back the clock on 1999.

42
Q

What does this bill display about Parliament?

A

Parliamentary supremacy.

43
Q

Legislation can threaten….

A

Rights as outlined in the BOR but still pass a section 7 report.

44
Q

MP’s are willing to go against…

A

Advisory bodies like ALAC

45
Q

Examples of NZ becoming more socially liberal

A

Prostitution Reform Act 2003
Civil Union Act 2004
Marriage (Definition) Amendment Act 2013

46
Q

Examples of wealthy lobby groups that hold power

A

Alcohol industry

Hospitality industry

47
Q

Security Council Advice

A

The SC gave no advice on the drinking age, recommended a conscience vote.

48
Q

What did the SC report say?

A

It decided to outline main issues; with respect to the drinking age without making any specific recommendations.

49
Q

Second Reading of the 2010 Bill

A

Changes of location of alcohol within a supermarket
Changing who can have a manager’s license

Example of other things other than age.

First change to restrict alcohol in twenty years

No mention of age

50
Q

Committee of the House

A

This is where the conscience vote happened

- Only party votes up until this point

51
Q

The two dueling SOP’s

A

Tim Macindoe; 20 only

Nikki Kaye; 18 only

Law Exam - 60 PERCENT (9 decks)

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